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MALAYSIA needs the Sexual Harassment Bill. Why? 

Firstly, sexual harassment is harmful to individuals and society. Secondly, sexual harassment is prevalent in Malaysia. Thirdly, existing laws – including employment laws – are inadequate to address sexual harassment. Lastly, there is widespread support in Malaysia for a sexual harassment law. 

Sexual harassment is harmful 

Sexual harassment is a violation of a person’s rights and dignity. Sexual harassment causes mental and physical harm. Local cases illustrate this. 

A houseman who was sexually harassed at a Malaysian hospital recounted in an interview with a local newspaper: “I was shocked and depressed. I cried, I was disgusted.” 

A senior manager who was sexually harassed by her supervisor suffered migraines and pains in her leg, according to court transcripts. 

These individual harms add up, and hurt society as a whole – in the form of lost productivity, strain on the healthcare system, and other costs. 

The Sexual Harassment Bill will improve the rights and wellbeing of Malaysians. And committing to address sexual harassment will reflect positively on Malaysia’s international reputation. 

Sexual harassment is prevalent 

Research shows that sexual harassment is prevalent in Malaysia. 

A 2019 YouGov survey estimated that 28% of Malaysians (including over a third of women) have experienced sexual harassment.

A 2020 survey by and Women’s Aid Organisation estimated that 62% of working women in Malaysia have experienced workplace sexual harassment. 

Other surveys also suggest high prevalence of sexual harassment in Malaysia – including a 2020 survey by All Women’s Action Society on sexual harassment among university students, a 2021 survey by ENGENDER Consultancy on sexual harassment in public spaces, a 2021 survey by Sarawak Women for Women on cyber sexual harassment, and a 2019 survey by the Ministry of Women, Family and Community Development. 

Existing laws are inadequate 

Malaysia has several laws relating to sexual harassment. These laws help, but are not adequate. 

Laws that apply to all survivors 

● A 2016 Federal Court decision established the tort of sexual harassment. While this is important, taking someone to civil court is expensive (costing thousands of ringgit), lengthy (can take years), and public (lack of confidentiality). Most survivors cannot afford this. 

● The Penal Code and other criminal laws have offences related to sexual harassment. But many cases of sexual harassment – though wrong – may not amount to a crime; and online sexual harassment is not clearly addressed. Criminal investigations also require proof beyond a reasonable doubt – which some sexual harassment cases may not meet – and do not lead to remedies for survivors. 


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